Police accountability has always been a hot topic of discussion, not just among police practitioners and politicians but also civil society. This debate often re-emerges whenever there is a publicized incident of gross misconduct by the police, or a police shooting.
Over the last few years, violent encounters between police and citizens have resulted in the deaths of many people. CBC News, which has been tracking fatal encounters since 2000, states that between 2000 and the start of 2018, there were a total of 461 fatal encounters with on-duty officers. The report states people of color and indigenous populations are two of the ethnicities most likely to be victims of police fatality. Then there are non-lethal acts, minor infractions and sexual misconduct.
While the reported and publicized violent police encounters with citizens make up a small percentage of the contact that occurs annually, they lead to diminished trust in the public eye. For police and law enforcement agencies to regain trust and legitimacy, errant police officers must be held accountable for their acts and misdeeds.
Many of the fatal shootings and acts of misconduct are recorded by people using their smartphones or the body cameras that police officers wear. These recordings are present across social media sites as well on media websites. As a result, whenever a publicized incident occurs, it is common for civil society to protest. In some places, these protests can turn violent. That, in turn, leads to a vociferous demand for police accountability.
Existing police accountability
When police officers and police organizations are held responsible for delivering services to the community they serve and treating people with fairness and dignity within the legal boundaries, accountability occurs.
The reason police accountability is important is people expect the police to behave in a certain manner so that they can uphold the law and keep the public safe. However, there are incidences when police fail to meet the expectations of the citizens and act outside the rule of law, and citizens should have some way to report these behaviors. Also, police personnel should be confident that their colleagues will conduct themselves lawfully and not jeopardize the safety of other police officers and civilians. When the police fail to act lawfully, police agencies are burdened by expensive litigation and find it difficult to forge a trusting and cooperative relationship with the communities they serve.
While federal, provincial, and territorial governments are taking police accountability more seriously, still more needs to be done. In some cities, there are civilian review boards, enabling citizens to directly oversee police accountability. However, this does not always work out as these boards tend to get revamped, abandoned or suspended.
Currently, police officers are accountable to their supervisors as police agencies and law enforcement follow the rank structure. Furthermore, in cases where police officers have been subjected to criminal or civil court proceedings, they are held accountable by the courts. Police officers are also held answerable to the communities they serve as most have a system in place to submit complaints against the police. These complaints are recorded and investigated, often independently, thereby making the procedure more transparent and neutral.
It is prudent to remember that most communities do not directly challenge police officers for their behavior and misconduct. That is where the media comes into the picture. When there are acts of police misconduct, unlawful force or brutality, the media often report the cases and bring them to the public eye. Individuals often act on these reports and try to hold police agencies accountable for the acts of individual officers.
Police agencies feel that the media are overly critical and the scrutiny that they are put through is politically driven. Of course, the media do not have a formal standing to make police agencies accountable, but they do help to highlight issues so that communities can act and demand action against those officers who do not abide by the law.
Many police agencies in local communities now require police officers to wear body cameras. Early intervention is often data-driven and tracks the behaviors of police officers based on litigation, citizen complaints and incidents that have resulted in harm or death of citizens or officers. In some communities, police officers receive training so that they reduce the chances of using deadly force. However, the training hours are not explicitly stated.
State political leaders have demanded passing legislation that forces police reforms and holds police more accountable for their conduct and behavior.
Lack of buy-in
Low-level officers and supervisors often do not support the strategies and technologies for police accountability. This could be because they feel they might be disciplined for minor violations, or the strategies and technologies could hinder their abilities to use discretion. The existing culture in police agencies also causes a lack of buy-in. Many officers are cynical of their supervisors and are driven by loyalty to fellow officers. That makes them more resistant to change.
Limited research on the effectiveness of police accountability tools and strategies
When police agencies want to implement strategies and tools to boost accountability, they want proven and effective practices and technologies. Unfortunately, there is limited research available, and in other cases there could be conflicting research. So, that makes it difficult for police executives to adopt police accountability tools and strategies and justify the expense that goes into them.
Limited resources
When police executives want to adopt accountability strategies and tools, they need to find the resources to pay for them. Furthermore, changing policies and providing training adds to the expense. In some cases, local and county governments cover the cost by using resources that would otherwise have gone to pay for expensive litigation. However, in most jurisdictions, it can be a challenge to find the resources to implement accountability, especially in places where local governments are gradually defunding the police.
Inadequate support from the federal government
Each time the federal administration changes, police reforms and accountability programs take a hit. In some cases accountability reforms are drastically altered, while in others, they are discontinued. As a result, police agencies do not get continued and sustained support from the federal government to implement accountability-focused programs and reforms.
Police unions
In the 1960s, when police agencies faced increased public criticism, it led to the formation of police unions. These legally recognized unions work to ensure police officers get fair salaries and benefits, and a safe working environment. Today, police unions are a force to reckon with and are extremely influential. As a result, police executives often find that they are shackled when they want to bring accountability-related reforms. Police unions use collective bargaining to negotiate contracts, and these contracts can restrict disciplinary investigations and actions against police officers. Also, with the support of their unions, police officers can challenge decisions made by their supervisors and superiors.
How to achieve police accountability
While it can be tedious and challenging to achieve police accountability, it is not impossible. Here are some of the ways that police officers can be held accountable for their behavior and actions:
- Community-based accountability
As stated earlier, police agencies can be held accountable when municipalities, counties and states implement policies that make agencies directly responsible to the communities they serve. Many practices can foster collaboration between police and the communities they serve. Creating civilian oversight committees to oversee the implementation of policies and review complaints and disciplinary actions can boost police accountability, and also help police agencies and individual officers to build a relationship with the local communities.
Community committees should be able to voice their criticisms and make suggestions when police reforms are being implemented. However, police departments can resist community committees, so these committees will have to work hard to overcome obstacles. Also, committees should be transparent and independent, and have outreach programs to connect with local communities and ensure police cooperation.
- Political accountability
Usually, political measures have a profound effect on the way police departments act and behave. Having political checks is essential. However, checks should not be restricted to the local level — they should also be at a national level. That will ensure local police departments get access to federal funding, increase reporting, and have an internal review system. Often, political accountability should work in conjunction with civil accountability so that police departments are compelled to adopt the best practices.
Presently, organizations such as the Alberta Civil Liberties Research Centre gets involved when a complaint is made against a police department for violating community civil rights. If it finds violations, the state and its agencies can commence litigation against the offending department, and this leads to reforming police practices in that department. Offending departments have to demonstrate that they have taken proactive and definitive steps to address misconduct and abuse of power when applying for federal funding. This practice should be made imperative even if the police department does not apply for funding from the federal government. The courts can also reward departments that ensure optimal public safety and effective protection of civil rights.
- Accountability through education
When candidates want to join the police, they try to get the right educational qualifications. The Laurier bachelor of policing has a curriculum that provides students with the skills they require to evaluate as well as apply different perspectives so that they can work in a society that challenges and analyzes police actions.
Hence, when choosing a bachelor’s degree, prospective police candidates must look for a course that not only explores ethics and corruption among law enforcement personnel but also covers accountability. That will enable these candidates to understand how police powers can be used to undermine or uphold police practices, and that, in turn, will help them make informed decisions when they become police officers themselves.
- Accountability through civil lawsuits
As strange as may sound, civil lawsuits can hold police officers accountable. When individual officers violate a person’s rights or act in a way that can physically or mentally harm a person, victims have a right to file a civil lawsuit against the offending officer. These lawsuits are considered a mechanism to hold departments and individual officers accountable for their actions.
However, courts often make it challenging for laypeople to hold police officers accountable. Courts limit the liability of police departments and, at times, also provide immunity to police officers. That is changing now as accountability advocates are working to minimize the obstacles that plaintiffs face. Many public campaigns have taken up this issue and legislation will change so that offending officers can be held accountable through civil lawsuits.
- Accountability through criminal prosecution
Prosecutors have the right to hold police officers accountable under local and federal statutes. However, the reality is often different. They often try to justify and protect the actions taken by local law enforcement and as a result, there is no trust between police departments and local communities. This issue can be addressed by having an independent or special prosecutor.
In recent times, police officers have been convicted for the use of unnecessary lethal force or for killing unarmed civilians. So, times are changing, and it demonstrates that individual officers can be criminally liable for their actions and behavior.
When addressing and trying to achieve police accountability, change has to extend beyond police agencies. More often than not, the conduct of police departments represents the sentiments of local political figures and governments. If local officials send a message that misconduct will not be tolerated, then these communities will have fewer problems associated with police misconduct. Furthermore, law enforcement agencies have core values, such as bravery, honor and the duty to protect. Emphasizing these core values can help police departments build a culture of accountability.
